CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The FAA has issued AD 2001-04-16 affecting General Electric CF6 engines. United States of America is the State of Design for General Electric CF6 engines. CASA has assessed this AD and has issued Australian AD/CF6/81, which will become effective on 11 November 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation and related activities. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which were established to maintain the safety standards of aircraft and aeronautical products. One of the key mechanisms for enforcing these safety standards is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are essential for the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA issues Australian ADs in response to ADs issued by the State of Design, in this instance the United States of America for General Electric CF6 engines, thereby fulfilling Australia's international obligations and ensuring the safe operation of aircraft within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the overarching Civil Aviation Act 1988, mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised in the interest of ensuring the safety of air navigation, with ADs being a legislative instrument that can be disallowed under the Acts Interpretation Act 1901. In accordance with international standards, the State of Design has the responsibility to ensure the continuing airworthiness of aircraft types, and ADs serve as a crucial form of communication for this purpose. For aircraft registered in Australia, CASA must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. For example, in response to the Federal Aviation Administration’s AD 2001-04-16 concerning General Electric CF6 engines, CASA issued the Australian AD/CF6/81, effective from 11 November 2010. This process is driven by Australia's commitments under the Convention on International Civil Aviation, and as such, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988, in particular section 98, allows the Governor-General to establish regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined by the Legislative Instruments Act 2003. This means that ADs hold the same legal weight as formal legislative acts, ensuring their enforceability and importance in maintaining air safety.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for the entities they govern. The State of Design, which in this case is the United States of America for the General Electric CF6 engines, has the responsibility to provide necessary information for the continuing airworthiness of aircraft types, as outlined in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, must review this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This ensures that aircraft registered in Australia comply with international safety standards and that CASA upholds its duty to maintain the safety of air navigation within Australia.
There are no public consultation requirements for ADs issued under these regulations because they stem from Australia’s obligations under the Convention on International Civil Aviation and are issued in response to directives from the relevant State of Design. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, simplifying the regulatory process while maintaining stringent safety standards. The AD for General Electric CF6 engines was issued by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 94(1) of the Civil Aviation Act 1988.
Breaching the provisions of the ADs can result in significant consequences. Although the specific penalties for non-compliance are not detailed in the text, ADs are legally enforceable instruments. Non-compliance with ADs can lead to severe penalties, including fines and potential grounding of the aircraft until the required actions are taken. These measures are critical to ensure that all aircraft meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the aviation system.